BAGAIMANAKAH HUKUM ADAT MENYELESAIKAN KASUS PENGANIAYAAN? (Studi Pada Masyarakat Adat Petalangan di Kecamatan Bandar Petalangan Kabupaten Pelalawan Provinsi Riau)

Abstract

Arrangements regarding the crime of persecution are regulated in article 351
of the Criminal Code. In Indonesia's positive law it is clear that if a person commits
an intentional act aimed at damaging the health of another person, he will be subject
to a prison sentence of 2 years and 8 months as stipulated in article 351 of the
Criminal Code. But the settlement of the crime of persecution through the Petalangan
customary law is not the case. If the case of the crime of persecution is resolved
through the Petalangan customary law, it will be resolved peacefully through
deliberation and bringing together the perpetrators and victims and improving order
in society.
From the results of research and discussion, there are several points that can
be concluded. First, in the community in Bandar Petalangan subdistrict, cases of
criminal acts of persecution were mostly resolved through Petalangan customary law.
Second, the settlement through the Petalangan Customary Law fulfills the wishes of
the people because it also improves the order to the previous situation. Third, that
the resolution of the criminal act of persecution through the Petalangan Customary
Law does not have an element of revenge, rather it is about reconciling the
perpetrator and the victim. The author's suggestion is that it is necessary to dig
deeper and spread understanding about Petalangan Customary Law, so that the
injunctions about Customary Law, especially regarding criminal acts, continue to be
preserved by the community.
Keywords: Settlement-Persecution-Customary Law